Xercise4Less / CRS issue with a twist - registration details never emailed

[citizen86]

Update:

Got a letter sent on the 11th August, sent to the fwding address I provided. I was sent a copy today as I am living temporarily with a friend until I can find a new place with my flatmate who is currently in the US.

 

CRS reponse:

Outstanding amount is £207.47

Refer to letter previously, our position remains the same. If I am not willing to to setup payment we have no alternative but to proceed with further action. CRS is going me 7 days. Well thats up.

 

They will continue with their collection procedure if I advice I do not intend to pay. More details on how to pay.

 

What can I expect from their next steps?

[slick132]

I'd ignore CRS for now.

 

Next may be more threats from CRS and then Zinc (an external DCA) followed by MajorLaw (Harlands pet solicitor).

 

Keep us informed.

 

[citizen86]

Thnx for the info Slick, I do have a few questions:

Can the external DCA affect my credit rating?

If not then I will ignore them which I assume I will get contacted by Major Law. If they can I assume there are ways to fight that.

I assume my grounds of ignoring their charges are good. Can they win in court and if so will the charges be greater?

 

Edit: I found other threads with Major Law but with different gym organisations. They make the request of money and the threat of court but never carry through. Looks like I know what I am doing.

Edited August 17, 2015 by citizen86

[slick132]

Hi Cit,

 

This gym m/ship matter will not affect your CRA files at all unless court action is taken and you fail to pay the amount ordered by the court within 30 days. In that event, the CCJ would remain on your CRA for 6 years.

 

However, the chance of court action is very remote. Harlands do not have good grounds to proceed, especially as you offered to pay the 1 months fee which could reasonably be argued as payable.

 

Reading threads here is the best way to see just how many folk are threatened with court action which never happens.

 

[citizen86]

Who do I log a formal complaint of harassment with? New number today. That's 19 different times they tried to contact me over the phone with 7 different numbers excluding withheld numbers.

[slick132]

Hi Cit,

 

Can you confirm over how many days you've had the 19 calls.

 

Did you answer a call from them today and what was said.

 

[citizen86]

Hi Slick, I only ever picked up 1 call from CRS and I told them to not call me as I am communicating only via letter which they agreed to on the phone. They then tried to "confirm details with me on the phone" which I replied to I am getting your letters and your phone calls and you know who I am. I have no need to confirm any details, goodbye" and I then hung up.

 

I also sent them a txt to 07872 049558 on 26 June at 11:26 after they txted me to call them and acknowledging they received my letter in the text. The txt said the following:

 

"I wrote a letter can you reply via the same method of communication so I have documentation."

 

They never sent me a txt from that number again.

 

Received 8 calls, I have been contacted 20 times via phone if you also include txts from atleast 7 different numbers. This is excluding withheld number calls which I do not document as I stopped picking up withheld calls altogether. They withheld numbers never left voice mail. They just hangup automatically, they stopped using this tactic in the last 2 months. I don't have proof it was CRS as it generally was an automated service and I hung up after knowing it was either PPI or CRS if I remember correctly.

 

The calls and txt have been occurring since 23rd April. I have not kept a track of how many letters they have sent me but it is a minimum of 4.

 

Here is a complete log:

 

Phone numbers I have proof of being contact by CRS and can provide screenshots from my phone:

0144 4449165 Office

07875 951649 received txts, EE mobile no.

07872 049558 received txts, 02 mobile no.

07718 775264 received txts, 02 mobile no.

07718 775262 received txts, 02 mobile no.

07717 775257 received txts, Vodafone mobile no.

07872 871591 received txts, 02 mobile no.

 

Aug

20/8/15 09:34 01444449165

18/8/15 16:01 07872871591 txt call C R S on .. we sent you a letter a week ago

04/8/15 11:59 01444449165 left voicemail via automated system

July

30/7/15 11:45 07717775257 txt thnx for writing, call us

21/7/15 13:33 01444449165

16/7/15 11:01 07718775262 txt: urgent to speak to you today

14/7/15 10:10 01444449165

09/7/15 15:42 07718775257 txt call C R S on .. we sent you a letter a week ago

01/7/15 09:48 01444449165

 

Jun

29/6/15 11:46 07718775264 txt: thnx for writing, call us

26/6/15 11:16 07872049558 txt thnx for writing call us

18/6/15 13:20 01444449165

16/6/15 10:46 07718775262 txt: thnx for writing call us

 

May

27/5/15 11:44 01444449165

22/5/15 14:31 07875951649 txt: call urgently we need to speak to you

20/5/15 09:44 01444449165

18/5/15 14:31 07875951649 txt: call urgently, we need to speak to you today

06/5/15 10:09 01444449165

 

Apr

30/4/15 09:40 07872049544 txt: urgent we need to speak to you today

23/4/15 15:30 07891499537 txt: call C R S on .. we sent you a letter a week ago

 

They have sent a few more txts but I have no proof of them as I deleted them.

[slick132]

Hi Cit,

 

Have a look here - http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**

 

[citizen86]

Update:

More letters, more phone calls all which I am ignoring as of now. I started ignoring them after a letter which say that if I respond with repeating my attention not to pay they will move forward. At that point I decided not to waste my time to responding when their action will be the same.

 

New letter that has been forwarded to me a week later, covers their passing of my "debt" to the Zinc Group. Should I even bother responding to this as their outcome is going to be the same?

 

They finish the letter with a nice "call us" instead of the usual call us now or else.

[slick132]

Hi Cit,

 

Have you given Harlands/CRS your new address yet ? You say their letter was forwarded to you.

 

It's important that they have your current address so you are certain you get each and every communication from them. If they sent a court claim to the old address and you didn't get it, they'd get a Judgement by Default against you.

 

There's no need to respond to the threat of Zinc's involvement - we'll send them scuttling off soon enough.

 

[citizen86]

They have my brothers address, letters get passed to me on a weekly basis so I do get to see them eventually.

[slick132]

Good !

 

Keep us posted ............

 

[citizen86]

I think CRS have given up. I haven't received a txt from them since 11th September. No new letters in the 2 weeks. Unless they have passed this to the Zinc Group and they are taking their time to get back to me.

 

[slick132]

Hi Cit and thanks for the update.

 

It's a bit too early to think they've backed off. They are annoyingly determined, even though they spout rubbish most of the time.

 

Keep us informed.

 

[citizen86]

Got a letter on 23rd from Spratt Endicott solicitors. So they skipped handing it off to an external debt collection agency.

 

Contents of letter:

Failure to reply in 7 days may result in legal proceedings unless I contact to discuss repayment proposals.

Any claim in proceedings will include additional costs payable by you. If Judgement is obtained will remain on your credit file for 6 years.

 

Please contact us to come to an arrangement that is affordable / sustainable with your financial circumstances.

 

If you require free financial assistance or legal advice contact the Citizens Advice Bureau or Step Change on ...

[slick132]

Letter to Spratt Endicott :-

 

Dear sir or madam,

 

I refer to your letter of xxdate regarding gym membership.

 

This matter remains in dispute with Harlands, who have no right to involve you. Harlands are already guilty of harassment and have chosen to instruct you to harass me further.

 

Do you not make any checks before writing threatening letters on behalf of a client.

 

If you contact me again, you will be included in my formal complaints to Trading Standards and The CMA. I will also complain to the SRA.

 

Yours faithfully,

 

[citizen86]

No response yet, is this normal? I sent a letter to them on the same week of your response.

[slick132]

Hi Cit,

 

Don't worry at all.

 

The solicitors may reply, or they may not. Either way, they'll return the matter to Harlands who will no doubt start pestering you in due course.

 

Keep us posted.